a ready meanes to the rectifying of the conscience and because this evasion is by some much boasted of I shall therefore briefely set forth the excellent and sweet agreement which the laws of this Land have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in foure respects 1. In His right to the Crowne 2. In His Power 3. In His Charge and Duty 4. In the rendring of His Account 1. His right to His Crown is by birth descent or hereditary succession And this appeares First by that part of the Oath of Allegiance which is used in every Leet That you shall be true and faithfull to our Soveraigne Lord K. Charles and his heires which shewes the descent Secondly because we do our legeance to the King in his naturall capacity and therefore he holds the Kingdome in His naturall capacity that is as He is Charles the sonne and heire apparent of King James of blessed memory For legeance or homage cannot be done to the King in His politique capacity for so the body of the King is invisible Coke l. 7. Calvins case Thirdly in the case aforesaid it is expresly affirmed that the King holds the Kingdom of England by birth-right inherent by descent from the blood-Royall And how inseparable this right is from the next in blood you may see in Henry the 4. who though he was also of the Blood-royall and had the Crown resigned unto him from Richard the 2 and confirmed by Act of Parliament yet upon his death bed He acknowledged He had no right thereunto Speed l. 9. c. 14. Lastly by all the Judges 1. Iac. at the arraignment of Watson and Clerk two Seminary Priests it was resolved that immediately by descent His Majâ—sty was compleatly and absolutely King without the ceremony of Coronation which was but a Royall ornament and outward solemnization of the descent this is plainly illustrated by Hen. 6. who was not Crowned till the ninth yeere of His raigne Speed l. 9. c. 16. yet divers were attainted of treason before that time which could not have been had He not been King Besides we know that upon the death of the King His Successor is forthwith proclaimed which shewes that the King hath his Kingdom by descent and stâ—ice not to be made King by the people at his Coronation Indeed the people are then asked their consent not that they have power to deny but that the King having their consent may with greater security and confidence relie on His people Thus thou seest the Kings right to the Crown is by succession As to the second respect it is evident That the power of the King of England is by the Laws of the Land as great and Royall as that which I have proved out of the Scriptures to belong unto the King For He onely may proclaime war and he onely can establish peace among His people Coke 7. Rep. fol. 25. b. There is no lawfull assembly meeting or Court but by authority from Him Yea the high Court of Parliament was at first devised framed and instituted by Him Polyd Virgil. l. 11. Speed Stow Martin Baker and many others in the life of Henry the 1. By Him all Laws Customes and Franchises are granted and confirmed unto the people Rot. Clans 1. R. 2 n. 44. By Him all the Officers of the Realm whether Temporall or Spirituall are chosen and established The chiefe and highest by Himselfe immediately Smith Commonw l. 2. c. 4. The inferiour by authority from Him Idem c. 5. He hath the sole power of ordering and disposing all the Castles Forts and strong holds and all the Ports and Havens and generally all the Militia of His Kingdom For otherwise it will follow that the King has power to proclaime war and not to maintaine it That the King is bound to defend His Subjects and is denied the means Both which are contrary to our Law which admits no absurdity To be short The Prince is the life the head and the authority of all things that be done in the Realm of England Smith ibid. Supremam potestatem merum Imperium apud nos habet nec in imperii clientela est nec investituram ab alio accipit nec praeter Deum superiorem agnoscit Cambden Brit. p. 132. He hath Soveraigne power and a meere Empire with us He is not under the protection of the Roman Empire nor doth he take investiture from any other nor besides God doth acknowledge any above him We are bound by oath to maintaine His Soveraignty in all causes and over all persons as well Ecclesiasticall as Civill not over singular persons as some would glosse it but over all even the body politique For by divers sundry old authentike Histories and Chronicles it is manifestly declared and expressed that this Realm of England is as Empire and so hath been accepted in the world governed by our supreame head and King having the dignity and royall Estate of the Imperiall Crown of the saiâ—â— unto whom a body politique compact of all sorts and degrees of people divided in termes and by names of spiritualty and temporalty have been bounden and owen to beare next to God a naturall and humble obedience Preface to a Statute 24 Hen. 8. c. 12. The third respect is in His charge and duty which consists in the observance of the Law of God the Law of nature and the Laws of this Realm To observe the Law of God He is bound as a Christian to observe the law of nature He is bound as a man to observe the Laws of his Realm He is bound as a King Nor is he onely bound vinculo officii as he is King though this is a strict tie considering to whom he must one day render an account of His Stewardship but he is also bound vinculo juramenti by an Oath taken at His Coronation The effect whereof is this To keep confirme and defend all Laws Customes and Freedomes granted by His predecessours to the Clergy or people To preserve peace and concord in God entirely and cause equall and right justice to be done according to His power Whence it is clear that the King hath His duty enjoyned him and ought not to make His Will the rule of His actions The fourth and last respect is in the rendring of His account For as the Kings mentioned in the Scriptures were not so the King of England iâ— not accountable for His actions to any but God alone First because the King of England hath not His Crown from any but God alone from whose gracious hand he hath received it by the ordinary meanes of hereditary succession and was in the beginning obtained by the Sword Smith l. 1. c. 9. Secondly the oath which he takes at His Coronation binds Him onely before God for there is no condition proviso or limitation whereby He is made accountable unto His people Thirdly by the testimony of Bracton fol.
34. a. b. Sunt sub Rege liberi homines servi omnis sub co est ipse sub nullo nisi tantum sub Deo Si a Rege petaâ—ur cum Breve non currat contra Râ—gem locus erit supplicationi quod factum suum corrigat emendat si non fâ—cerit satis erit ei ad poenam quod Dominum expâ—ctet ultorem de chartis Regiis factis Regum nec privatae nec justitiarii debent disputare There are under the King freemen and slaves and every one is under him and he under none but under God onely If ought be desired of the King since a Writ cannot go forth against the King an intreaty must come in stead that he would correct and amend his doing if he do not it will be punishment enough that he expect the Lord to be the avenger Of the Royall grants and actions of the King neither private persons nor Judges ought to 〈…〉 ute To the same purpose Thomas de Wâ—lsingham mentions a letter written â—o the Bishop of Rome in the name of the whole Kingdom from the Parliament held at Lincoln Anâ— Dom. 1301. wherein are these words Scimus Pater sanctissime notorium est à prima institutione Regni Angliae tam temporibus Brittannorum quà m Anglorum quòd certum directum dominium ad Regem pertinuit neque Reges Angliâ— ex liberâ praeeminentiâ Regiâ— dignitatis consuetudine cunctis temporihus observatâ câ—ram aliquo judice Ecclesiastico vel seculari responderunt aut respondere debebant We know most holy Father and it is manifest from the very beginning of the Kingdom of England as well in the times of the Brittaines as of the Angles that the certaine and direct Dominion hath belonged unto the King neither have the Kings of England by reason of the unbounded preheminence of the Royall dignity and custome observed in all ages answered or ought to answer before any Judge Ecclesiasticall or Civill An Objection But you will thus object From whom the King receiveth His power to them He is accountable but from His people the King receiveth his power As Fortescue delivers c. 13. Ad tutelam Regis subditorum ac eorum corporum bonorum Rex erectus est ad hanc potestatem a populo effluxam ipse habet A King is ordained for the defence of the Law of his Subjects and of their bodies and goods whereunto He receiveth power of his people Therefore to his people the King is accountable The Answer Did the maker of this objection rightly set down the words of Fortescue he might easily answer himselfe For it is not barely Rex a King but Rex hujusmodi such a King meaning a King whose government is meerely politique But the government of England is not meerely politâ—que nor meerely regall but mixt partly regall partly politique as he saith presâ—ntly after Regnum Anglâ—e ex Bruti comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of the Trojans first grew into a politique and regall Dominion And in the 9 cap. Rex Angliae principatu nedum regali sed Politice suo populo dominatur The King of England governeth his people by Dominion not onely regall but also politique How it is regall and how politique doth plainly appeare by what hath been before spoken For in regard all power and authority is from him and he holds his Kingdom and therewithall his power from God onely it must needs be that his government is regall And in regard he is tied to the observance of the Laws of his kingdome whereby Potestas regia lege politicâ cohibetur Fortos c 9 the power regall is restrained by a law politique it must needs follow that this government is politique So that in refâ—rence to his power he is a regall King in reference to his duty he is a politique King The objection therefore being grounded upon Fortescues words of a kingdome meerly politique does not concern our kingdom Another Objection He who iâ— under the Law may be called to account for his actions but the king is under the Law Bracton fol. 5. 6. Ipse Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem The King himselfe ought not to be under man but under God and under the Law because the Law makes the King The Answer We must here call to mind that there is a twofold power in the Law A directing power and a correcting power In respect of the former the King is under the Law that is to say the Law is the line and rule whereby the will of the King is guided and directed and in this sense Bracton spake In respect of the latter the King is not under the Law For how can we possibly conceive that he who giveth life to the Law should by the Law offer force unto himselfe and compell himselfe He that is under the former power onely is accountable to God onely for his actions as the King But he that is under both powers of the Law is accountable both to God and the Law as is every Subject In respect of the former the Law is the object and rule of Iustice and so the King is under the Law In respect of the latter the Law in the instrument of Iustice and so the King is not under the Law but the Law is a means serving the King to govern his people Take an example A servant who guides and directs his ma 〈…〉 r as he is a guide is superiour to his master but consider him as an instrument and servant unto his master and though he be never so wise and upright yet his master is above him And as the Law is said to be above the King so in the same sense His Councell may also be said to be above him that is in respect they guide direct and advise the King in the governing of his people For so saith Fleta l. 1. c. 17. de Iustic substit Rex habet in populo regendo superiores Legens per quann factus est curiam suam videlicet Comites â— Barones The King hath superiours in the governing of his people the Law by which He is made and His Councell to wit the Earles and Barons A Doubt But here a scruple may arise what Fleta and Bracton should meane when they say The Law makes the King Resolved I answer There are two singular and excellent benefiâ—s which by the Law redound unto the King The one is The Law does declare and publish unto the people the Kings right unto the Crown so that they quietly and willingly receive Him as their King and submit unto Him The other is The Law does support and strengthen Him in His Throne In both which respects it may well be said That the â—aw makes the King and so my Lord Cook spake right when he told King James That the Law
set the Crown upon His head The Objections being fully answered that I may avoid all needlesse repetitions I shall leave thee Reader to compare what hath been now proved with what hath been before delivered out of the Scriptures and thou shalt clearly finde That the King of England is such a King as the Scriptures make mention of And if it be so how then canst thou take up arms against Him If He be wicked what advantage will it be to thee to be worse If He breake His Oath wilt thou also breake thine Or canst thou say that thou swearest Allegeance unto Him on condition of His good behaviour Does the Statute 25. Edw. 3. c. 3. declare it to be treason only to leavie War against a good a just King Why then did not the Protestants take up Armes against that bloody Idolatrous Queene Mary Why then is it treason to compasse the death of an Usurper of the Crowne Dalt 227. Was not Spencer banished for affirming That if the King did not demeane himself by reason in the right of the Crowne His Lieges were bound by Oath to remove Him Stat. Edw. 2. called Exilium Hugonis de Spencer Oh! take heed of new coind distinctions take heed of the sleights of men There is no wickednesse but hath found some excuse In that great insurrection in Richard the seconds time the Commans had a fair pretence Their intâ—nt was as they said to abolish the Law of villainage and servituâ—â— and to slay the corrupt Judges And they took an Oâ—th Quod Regi Communibus fidelitatem servarent To be true to the King and Commons and that they would take nothing but what they paid for and they punished all these wiâ—h death yet in the Parliament of 5. Rich. 2. n. 31. and 32. they were adjudged Traitorâ— Perkin Warbeck that vile Rebell in his Proclamation to the people could tell them That the King had put apart all well-disposed Nobles had none in favour and trust about his person but Caitives and Villains of birth which by subtill inventions and pilling of the people had been the principall finders occasioners and Counsellours of the mis-rule and mischiefe now reigning in England He tells them of the great and exâ—crable offences daily committed and done by the King and His Adherents in breaking the Liberties and Franchises of our Mother the holy Church to the high displeasure of Almighty God Besides of manifold Treasons abominable murders manslaughters robberies extortions the dayly pilling of the people by dismes taxes tallages benevolences and unlawfull impositions and grievous exactions From all which grievances he promises redresse if the people will joyn with him Is not here a fair shew and yet this was a foule rebellion Speed lib. 9. c. 20. The Earls of Northumberland and Westmâ—rland in the reigne of Queen Elizabeth could In the Queens name command the Countrey to follow them in arms sometimes pretending the safety of her Majesties Person in danger they said by treasons in working and sometimes in case of conscience for restoring their former Religion And in this zeale they hasted to Durham Minster where they tare the Bible and Communion Bookâ— and such other things as there were saith Stow in great contempt Yet these were meer Rebels and Traitors Speed l. 9. c. 24. Werefore examine search diligently into the cause every thing is not as it seems All is not gold that glisters A Reformation is much spoken of plain it is there is an alteration Are not all our fixed Laws turned into this one Law Salus populi The safety of the people Are not our Goods Lands Liberties seized on yea and that Legally To wit Lege necessicatis by the Law of necessity Is not disobedience to the Commands of our Prince termed Loyaltie Infinite are the evils which these sad distractions have produced but I forbeare because they are fitter to be lamented then rehearsed If yet there remain one scruple unremoved concerning the power of Parliament I shall herein refer you to a Tract of Sir Wa. Raleighs intituled The prerogative of Parliaments in England and for thy present satisfaction shall desire thee to consider these four things First all agree That the Parliament is as one Body and the Head of this Body is the King So Dyer fol. 60. a. The Parliament saith he consists of three parts to wit of the King the chiefe Head and of the Lords the chief and principall Members of the body and of the Commons Knights Citizens and Burgesses the inferiour Members and these make the Bodie of the Parliament Vtigitur in naturalibus capite detruncato residuum non corpus sed truncum appellamus sic in politicis sine capite communitas nulla enùs corporatur Fortesc c. 13. As therefore in things naturall when the head is cut off we call not the residue a body but a stump or stock so likewise in things politicke a Communalty without a head is in no wise corporate Secondly the Oath of Allegeance does equally binde a member of the Parliament as him who is not of the Parliament Thirdly what power they have is derived unto them by their Writ by which the King calleth them to Parliament Now the Writ runs Ad tractandum consulendum To treat and advise And should any exceed their Commission Fourthly and lastly no Bill though it be passed and consented unto by all the Lords and Commons in Parliament can or ought to be taken as an Act or Ordinance without it receive life from the royall Assent Crompt Iur. of Courts fol. 7. b. Smith Common l. 2. c. 3. Weigh and consider these things To conclude Thou seest Reader the unlawfulnesse of taking up Armes against thy Soveraigne proved the Oâ—jections and Evasions answered all Doubts resolved and even the least scruples which I could possibly imagine removed Oh! then return unto the Lord obey his voyce walk according to his rule Thou art now called and the Lord knows whether ever thou shalt have a second summons And let me seriously ask you you I meane who are counted reforming Ministers whose lips should keep knowledge Mal. 2. 7. How dare you in the dreadfull presence of the Almighty God before the face of his Congregation speak a vision of your own heart and not out of the mouth of the Lord Jer. 23. 16. How dare you by wresting the Scriptures stir men up to rebellion in stead of Faith teaching Faction in stead of Duty Disobedience then which there is nothing more odious in the fight of God and yet by you nothing more frequently preached unto the people 'T is strange that Gods Church can be no way preserved the Subjects Liberty no wayes maintained but by sinne Who ever heard unlesse from a Papist that the way to Heaven was through Hell Shall we doe evill that good may câ—me Rom. 3. 8. If you are sent from God why do you not turne the people from their evill way Jer. 23. 21 22. Why do you not condemn the reigning vices of these times Pride Ambition Envy Hatred Uncharitablenesse Blood-shedding Disloyalty Pâ—rjury the scandalizing of Gods Church and ripping up her very bowels abominable Lying Sacriledge Rayling Cursings Revilings forcing of mens Consciences contempt of Superiours Dâ—ssembling Treachery Covenant-breaking the renewing of olâ— Herelics and the raising of all manner of Schismes Is this the way to have Peace and Truth together by suffering such crying sins to â— nourished and gounreproved Why do you flatter your Disciples with the titles of Saints Children of God Elect Holy Brethren and the like when your Consciences â— they be not seared must needs tell you they are not such so long as thâ— live in that horrid and execrable sinne of Rebellion A sinne doe I say nay Rebellion is the summe of all sins for it â— alwayes accompanied with Murder Adultery Fornication Theft Cursing Swearing Loosenesse of life Drunkennesse Cruelty Vain-boasting Idlenesse and all manner of wickednesse whatsoever Why do you call that Gods cause which Gods Word will not warrant remember the Woe which the Prophet Isaiah Chap. 5. 20. pronounceth unto them that call evill good and good evill that put darknesse fâ— light and lâ—ght for darknesse that put bitter for sweet and sweet for bitter And Solomon tells you He that saith unto the wicked Thou art righteous him shall the people curse nations shall abhor him Prov 24. 24. But unto thee thou poor seduced soule who hast been led away witâ— the outside holinesse of these false prophets and art now pricked â— thy Conscience crying unto the Lord Oh that my wayes were directed to keep thy Statutes Psal 119. 5. Let me give this exhortation of Solomon Fear thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise suddenly and who knoweth the r 〈…〉 of them both Prov. 24. 21 22. Against the King there is no rising up if thou hast done foolishly in lifting up thy selfe or if thou hast thought evill lay thy hand upon thy mouth Prov. 30. 31 32. Rent thy heart and turn to the Lord thy God for he is gracious and mercifull flow to anger and of great kindnesse Joel 2. 13. and hee hath promised that when the wicked mâ—â— turneâ—h away from his wickednesse that he hath committed and doth that which is lawfull and right he shall save his soul alive Ezek. 18. 27. Halelu-jah